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The paper deals with with one possible Utopian model, according to which law is an important part of the speculative Utopian Myth. This model is illustrated by using two narratives, created centuries apart. Both stories, from Hebrew sources, refer, in some detail to imaginary societies. Both...
Persistent link: https://www.econbiz.de/10012721613
This article provides a thorough analysis of contemporary sexual harassment case law in Israel and presents the first systematic study of all reported court opinions on sexual harassment that have been issued following the enactment of The Prevention of Sexual Harassment Law in 1998, 222...
Persistent link: https://www.econbiz.de/10012724846
This Chapter in the book Pioneers of Law and Economics discusses the remarkable career of Henry Manne. Writing when there was a theory vacuum in legal academia, Manne breathed life into corporate law by using economic principles to formulate a sweeping new theory of the corporation. Then he took...
Persistent link: https://www.econbiz.de/10012725472
The Scottish decision in Morris (Liquidator of Bank of Credit amp; Commerce International), Re Petition of The Bank of England is correct that an ancillary winding-up makes good sense and may disapply local procedural rules that do not serve any practical purpose. Owing to a misunderstanding of...
Persistent link: https://www.econbiz.de/10012725916
Lifland J's decision in Re Bear Stearns High-Grade Structured Credit Strategies Master Fund (Bankr.S.D.N.Y. September 5, 2007) clearly comports with the intent and structure of chapter 15 that the determination of the existence of a foreign main or non-main proceeding is a definitional matter,...
Persistent link: https://www.econbiz.de/10012729102
Persistent link: https://www.econbiz.de/10012730859
Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers...
Persistent link: https://www.econbiz.de/10012731895
Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers...
Persistent link: https://www.econbiz.de/10012731969
Currently, CEO pay is determined by a company's board of directors, subject to limited shareholder approval in certain circumstances. However, as Lucian Bebchuk and Jesse Fried have argued, directors and CEOs do not necessarily engage in real arms length bargaining over CEO pay. Instead, CEOs...
Persistent link: https://www.econbiz.de/10012733055
From a macrosociological perspective, law is an institution of society, is shaped by conditions in society, and facilitates social life by inter alia producing symbols. Law accordingly adopts concepts and principles that focus on the appearance to society of certain phenomena and that are...
Persistent link: https://www.econbiz.de/10012773133